A Practice Note providing an overview of what hacking and network intrusions are, how they work, and how to prevent, detect, and respond to these cyber attacks. This Note discusses common cybersecurity vulnerabilities in information technology (IT) systems and the resulting attacks that often occur, including DoS and DDoS attacks, insider attacks, data theft (exfiltration), sabotage and extortion attacks, misuse, and advanced persistent threats (APTs).

A Practice Note providing an overview of what malicious software (malware) and end user attacks are, how they work, and how to prevent, detect, and respond to these cyber attacks. This Note discusses common delivery methods and attack types, including phishing, malvertisements, viruses, worms, adware, spyware, keystroke loggers (keyloggers), bots, Trojans, business email compromises (BEC), and ransomware. It also discusses methods individuals and organizations can use to defend themselves.

A Practice Note providing an overview of what ransomware is, how it works, and how to prevent, detect, and respond to attacks. This Note also discusses ransomware trends and methods organizations can use to defend themselves against this cybersecurity threat.

This Note provides an overview of prominent US privacy and data security laws relating to the collection, use, processing, and disclosure of personal information. It summarizes key federal privacy and data security laws, certain state laws, with a focus on California and Massachusetts, and the Mobile Marketing Association and Payment Card Industry Data Security Standards, two key industry-specific privacy and data security guidelines and requirements.

This note outlines the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act 1977 (FCPA) and the anti-corruption regimes in which they operate. It focuses particularly on the practical implications of the differences between these two important pieces of legislation.

This Note addresses the legal and contractual considerations relating to privacy and security under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in the context of cloud computing. The Note includes specific contract provisions that should be considered when negotiating or evaluating a contract with a cloud provider.

This Note discusses common cyber attack scenarios and sets out actions that companies can take to prevent or respond to attacks, including developing a cyber attack response plan. It also addresses the chief compliance officer's role in preventing and containing attacks and making law enforcement referrals, and civil and criminal actions companies can pursue against attackers.

A Practice Note explaining how to develop information security policies. This Note provides a method and guidance for developing workforce-facing information security policies as required by federal and state laws and industry standards and best practices. It also addresses the policy's role in an organization's overall information security program.

This Note discusses the due diligence needed by both the customer and the supplier in connection with an outsourcing arrangement. This includes due diligence of the customer's business, due diligence of potential suppliers, request for proposals (RFP), risk assessment; data rooms, access to personnel and assets, services and service levels, human resources, intellectual property, premises, information technology (IT) and communications, third-party contracts, outsourcing agreements, transition services, regulatory considerations, financial reporting, financial services outsourcing, and offshore and multi-jurisdictional transactions.

A template briefing for an in house lawyer to give all nonunionized employees regarding work-related email and online risk. Employers with unionized employees, who are covered by collective bargaining agreements, must consider additional factors that are outside the scope of this briefing (see Practice Note, Employee Handbooks: Best Practices: Collective Bargaining Obligations). It should be customized to reflect an employer's specific policies, as well as organizational culture. Click here to download in Microsoft Word.

This Practice Note discusses US law relating to the transferability of agreements that contain intellectual property (IP) licenses. It includes guidance on evaluating assignability, dealing with non-assignable licenses in M&A transactions, and drafting tips for assignment provisions in favor of a licensor or licensee. It also considers issues relating to the transferability of IP licenses in the context of bankruptcy and secured transactions, and change-of-control provisions.

This Note summarizes the key legal and commercial considerations arising in relation to IT outsourcing agreements and their drafting and negotiation. These include the scope, purpose, and context of outsourcings, implications of cloud computing, transfers of intellectual property (IP), length of contract, scope, and quality of services, pricing, service credits, indemnities, warranties, exclusivity, management, dispute escalation and resolution, limitation of liability, termination, and exit management.

This Practice Note considers the legal protection available for software under US law. It focuses primarily on the law of copyright (including the Digital Millennium Copyright Act (DMCA)), patents, and trade secrets, but also considers contractual protections and other common law and statutory rights.

A Practice Note discussing the issues involved in developing and distributing mobile applications (apps). In particular, this Note provides an overview of mobile apps, including the types of apps, the devices for which they are programmed, and major platforms and distribution channels. It also discusses the app store framework, which is the most common channel for distributing downloadable mobile apps, and the legal issues to consider when developing mobile apps, including intellectual property, privacy, and advertising.

This Practice Note considers some of the key issues that arise in relation to multi-jurisdictional outsourcing. These issues include, choice of law and jurisdiction, tax-efficient structures, multiple suppliers, use of subcontractors, parent company guarantees, partnering agreements, EC merger regulations, procurement process, global transfer and service issues, local transfer and service issues, transfer of employees, and structure of agreements.

This Note sets out the origins of open source software, the ways in which it is licensed, and the legal challenges that it presents. It also gives guidance on how best to use it as a part of an organization's IT strategy.

A Practice Note discussing rightsourcing, or the process a company may use to evaluating whether to perform certain functions internally or outsource them to a third-party service provider. The Note identifies key business benefits and risks of outsourcing and outsourcing agreement provisions that can help a company minimize those risks by providing flexibility to bring services back in-house if the relationship does not meet the company's expectations or the company's needs change.

This Note identifies the key terms and conditions commonly found in software escrow agreements and offers practical tips for structuring and negotiating the deposit, release, and use of escrowed source code when representing licensors, licensees, and other escrow depositors and beneficiaries.

This Practice Note discusses the major legal, technical, and commercial issues to consider when negotiating and drafting software as a service (SaaS) agreements. These include the general benefits and risks of moving to a SaaS cloud computing environment and the material issues to address in the SaaS agreement.

This Note looks at the issues that the parties involved in a second or subsequent-generation outsourcing transaction need to consider, including the re-tendering exercise, the outsourcing agreement, and transfer of services from one supplier to another.

A Practice Note discussing the National Institute of Standards and Technology (NIST) Cybersecurity Framework, including its structure and purpose, recommendations for implementing the Framework approach, and the potential risks of not applying the Framework principles.

An arbitration agreement is a contract and can only bind and be invoked by those parties who are party to the agreement. However, there are circumstances in which third parties, who were not parties to the original agreement, may either be bound by, or take the benefit of, an arbitration agreement. This note considers the situations in which a third party may invoke, or be bound by, an arbitration agreement as a matter of English law, including assignment, novation and statutory provisions.

A discussion of key provisions in M&A agreements in the software industry in private acquisitions and public mergers. This Note includes links to recent deals summarized in What's Market and will be updated quarterly. It also includes an expert Q&A with Parag Gheewala of Wilson Sonsini Goodrich & Rosati, discussing key considerations that often arise in M&A transactions in the software industry.

A legislation tracker charting developments relating to the proposal for a Directive of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the EU in chronological order as it goes through the ordinary legislative procedure.

A policy for employers that wish to allow their employees to use their own smartphones, tablets or other mobile devices for work either while at the office or during nonworking hours. This policy can be incorporated into an employee handbook, a comprehensive information security policy, or used as a stand-alone policy document. This Standard Document applies only to private workplaces and is jurisdiction neutral. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

An End User License Agreement (EULA) setting out standard terms for a software owner to license off-the-shelf, unmodified software for end use in its licensees' businesses. This Standard Document also includes optional Authorized User Terms of Use, which a licensor may wish to present to each person that uses the software on behalf of the business. The term EULA refers to license terms that are provided by the licensor with software and not meant to be negotiated or signed by the parties. Instead, the licensee indicates acceptance by taking a specified action. This EULA is drafted as a clickwrap agreement. EULA terms are drafted to be favorable to the licensor. This Standard Document has integrated notes with important explanatory drafting tips.

An agreement for transferring ownership of certain domain names from a seller to a buyer. This Standard Document is drafted to be used as a stand-alone contract, and includes standard representations, warranties, and other risk-allocation provisions typical in stand-alone domain name transactions. It is drafted in a manner that aims to be reasonable, and includes provisions that are common to negotiated agreements. This Standard Document has integrated notes with important explanations, alternative provisions, and drafting and negotiating tips. The drafting notes also identify provisions that may be omitted if the domain name transfer agreement is being executed as an ancillary document to a larger transaction agreement, for example an asset purchase agreement or trademark sale or license.

A legal due diligence request list concerning intellectual property (IP) and information technology (IT) matters for merger and acquisition (M&A) transactions in the software or IT industry or where a seller's or target's proprietary software or other IT assets or services are a key consideration. This Standard Document has integrated notes with important explanations and drafting tips.

An employee policy regarding proper use of employer IT resources and electronic communications systems, and related rules and prohibitions. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips, provided by Practical Law Labor & Employment and Practical Law Intellectual Property & Technology.

An agreement for providing an integrated information technology system incorporating all or part of the customer's pre-existing system. It addresses the supply and integration of software, hardware and system interfaces and the performance of related services, including system design, development, testing and implementation. While drafted in favor of the integrator, this Standard Document aims to be reasonable and includes provisions commonly negotiated in systems integration agreements. This Standard Document has integrated notes with important explanations and drafting and negotiating tips.

An independent contractor agreement between an individual contractor and a client company for consulting or other services. This Standard Document is drafted in favor of the client company and is based on federal law. For information on state law requirements, see the State Q&A Tools under the Related Content. This Standard Document has integrated notes with important explanations and drafting tips.

A model workforce-facing Information Security Policy as required by federal and state laws, industry standards, and best practices. This Standard Document should be used with Practice Note, Developing Information Security Policies. This Standard Document includes integrated notes with important explanations and drafting tips.

An End User License Agreement (EULA) for a mobile application (app) developer or other licensor to use when making a mobile app available for download and personal end use on licensees' mobile devices. The term EULA refers to license terms that are provided by the licensor and are not meant to be negotiated or signed by the parties. Instead, the licensee indicates acceptance by taking a specified action. EULA terms are drafted to be favorable to the licensor. This Standard Document has integrated notes with important explanations and drafting tips.

An agreement for a company to license its software to an original equipment manufacturer (OEM) to incorporate into equipment manufactured by or for the OEM for resale to customers for the customers' end use. While drafted in favor of the software licensor, this Standard Document aims to be reasonable and includes provisions commonly negotiated in software OEM license agreements. This Standard Document has integrated notes with important explanations and drafting and negotiating tips.

A policy on the use of free and open source software (FOSS) by a company for its internal operations or products or services it develops for distribution to third parties. This policy can be used as a stand-alone policy document, incorporated by reference in a general company IT policy, or included in an employee handbook in abbreviated form. It is jurisdiction neutral but must be tailored to suit the organization's managerial structure, resources, and strategic goals. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

Standard Document for the provision of professional services that can be adapted for a specific project, for ongoing services or for use as a master services agreement. This model agreement is drafted in a manner that aims to be reasonable and includes provisions that are common to many types of negotiated services agreements. This Standard Document has integrated notes with important explanations, alternative provisions and drafting and negotiating tips.

An agreement for transferring ownership of intellectual property ownership rights in software from a seller to a buyer and the buyer's grant back to the seller of a license to use the software. This Standard Document assumes that the software acquisition and license agreement is being entered into ancillary to a broader asset purchase transaction. However, it contains alternative provisions that allow for the instrument's use as at least the starting point for a stand-alone agreement. While drafted in favor of the buyer, this software acquisition and grant-back license agreement aims to be reasonable and includes commonly negotiated provisions. This Standard Document has integrated notes with important explanations, alternative provisions, and drafting tips.

An agreement for the provision of software development services. While drafted in favor of the developer, this Standard Document aims to be reasonable and includes provisions commonly negotiated in software development agreements. This Standard Document has integrated notes with important explanations and drafting and negotiating tips.

An agreement for engaging an outside service provider to develop software and provide related services. While drafted in favor of the customer, this software development master agreement aims to be reasonable and includes commonly negotiated provisions. This Standard Document has integrated notes with explanations, alternative provisions, and drafting and negotiating tips.

A business-to-business agreement granting a right to evaluate standardized software for a limited period and an option to enter into a definitive software license agreement. This Standard Document takes a neutral approach that favors neither party, aims to be reasonable and includes provisions that are common to negotiated software evaluation agreements. It has integrated notes with important explanations and drafting and negotiating tips for the licensor and licensee.

An agreement for the licensing of standard or lightly customized software by the holder of licensable rights in the software to a company for use in its business, drafted with terms favorable to the licensee. This Standard Document has integrated notes with important explanatory drafting and negotiating tips.

An agreement for the license of unmodified software by the software owner to a company for use in its business, drafted with terms favorable to the licensor. This Standard Document has integrated notes with important explanatory drafting and negotiating tips.

An agreement for placing and maintaining software source code, documentation, and related materials in escrow with a third-party escrow agent under the terms of a software license agreement. It assumes that the parties are business entities or other organizations consisting of a single software licensor, a single software licensee, and an independent escrow agent. It includes provisions commonly used in escrow agents' standard form source code escrow agreements but differs from those agreements by setting out in greater detail each party's rights and responsibilities. This Standard Document has integrated notes with important explanations and drafting and negotiating tips.

An agreement for a business to provide its software support services to business and other organizational customers to which it licenses its proprietary software. While drafted in favor of the provider, the agreement aims to be reasonable and includes commonly negotiated provisions. This Standard Document has integrated notes with important explanatory drafting and negotiating tips.

An agreement for a company to license its software to a value added reseller (VAR) for bundling with one or more other components and resale to end users as part of a value added product. While drafted in favor of the licensor software company, this Standard Document aims to be reasonable and includes provisions commonly negotiated in software VAR agreements. This Standard Document has integrated notes with important explanations and drafting and negotiating tips.

A master agreement for a business to procure Software as a Service (SaaS) services for its internal business end use and, optionally, the use of its authorized affiliates, clients, or customers. The document includes service availability (uptime) and support requirements and provides service credits for nonconforming performance. While drafted in favor of the SaaS customer, this master software as a service agreement aims to be reasonable and includes commonly negotiated provisions. This Standard Document has integrated notes with explanations and drafting tips.

An agreement for a business to provide its Software as a Service (SaaS) offerings, including software hosting and support, to business and other organizational customers. While drafted in favor of the SaaS provider, this Standard Document aims to be reasonable and includes commonly negotiated provisions. This Standard Document has integrated notes with important explanations and negotiating tips.

An agreement to perform support services for specified on-site software or remotely-accessed software services (SaaS) that provides credits to the software licensee or SaaS customer if the service provider fails to meet required service levels. This Standard Document has integrated notes with important explanatory drafting and negotiating tips and is presented in the form of a schedule to be attached to a main agreement. It can also be readily converted to a free-standing agreement.

An agreement for the procurement of website design and development services. This Standard Document is drafted to be used for a single project. While drafted in favor of the customer, this website development agreement aims to be reasonable and includes commonly negotiated provisions. This Standard Document has integrated notes with important explanations and drafting and negotiating tips.

An agreement for the procurement of website hosting services. This Standard Document is drafted to be used for hosting a single website. While drafted in favor of the customer, this website hosting agreement aims to be reasonable and includes commonly negotiated provisions. This Standard Document has integrated notes with important explanations, alternative provisions, and drafting and negotiating tips.

An agreement for the licensing of content by a content owner for use on a website in a business-to-business context, drafted from the content owner's perspective. This document has been adapted from Practical Law's UK website content licence to provide a more jurisdiction-neutral starting point for local counsel.

These standard clauses include sample clauses for use in a services agreement that involves the use, storage, or other processing of personal information by the service provider. These clauses are drafted in favor of a customer but aim to be reasonable. Organizations may incorporate these clauses into a services agreement or attached them as a schedule to the agreement. These standard clauses have integrated notes with important explanations and drafting and negotiating tips.

This Standard Clause prohibits the export of products, deliverables, software, technology and related information to any jurisdiction or country to which or any party to whom the export of these goods or deliverables is restricted by law or regulation. This resource also includes optional language setting out the obligations of a customer in a sale of goods or services transaction to comply with US export control regulations, including obtaining necessary export licenses and providing appropriate third-party notifications for the export of the goods or deliverables. This Standard Clause has integrated notes with important explanations and drafting tips.

An effect of licensor bankruptcy clause for use in certain types of intellectual property (IP) licenses and related supplementary agreements. This clause is typically included by and for the benefit of the licensee. It describes the subject matter of the agreement as "intellectual property" as defined by section 101(35A) of the Bankruptcy Code and sets out the parties' intent concerning their rights and obligations under section 365(n) of the Bankruptcy Code if the licensor enters into bankruptcy. The Standard Clause has integrated drafting notes with important explanations and drafting tips.

Clauses for the protection of a company's intellectual property rights for use in an agreement with an independent contractor or consultant who is engaged principally to provide technical or creative services. These Standard Clauses include specific language addressing pre-existing intellectual property rights and integrated notes with important explanations and drafting tips.

Standard source code escrow provisions for use in a software license agreement. These Standard Clauses are drafted in favor of the licensee and assume that the parties are entering into a separate three-party source code escrow agreement with a commercial escrow agent. The clauses set out source code release conditions and other provisions describing the rights and obligations of the licensor and licensee concerning the creation and maintenance of an escrow account and the licensee's use of escrowed source code materials. These Standard Clauses have integrated drafting notes with important explanations and drafting tips.

Form representations and warranties concerning the seller's or target company's proprietary software and information technology (IT) systems for use in a stock purchase, merger, or asset purchase agreement. These Standard Clauses have integrated drafting notes with important explanations and drafting tips.

This Checklist is a general guide that outlines key business and legal issues to consider when outsourcing a business function. Issues addressed include due diligence, the bidding process, drafting the statement of work, service level agreements, outsourcing services agreements, and related issues.

This Checklist covers key areas of legal due diligence of information technology (IT) matters for merger and acquisition (M&A) transactions in the software or IT industry or where a seller's or target's proprietary software or other IT assets or services are a key consideration.

This article is part of the Outsourcing Global Guide. It addresses the advantages and disadvantages of using alternative dispute resolution (ADR) for business structures involving outsourcing. In particular, it deals with the structure of cross-border outsourcing projects and agreements; the benefits of expedited ADR; the procedures required to benefit from expedited ADR; the accession of subsidiaries or group members to ADR and the relative benefits of judgments emanating from litigation rather than ADR. This article is part of the global guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcing-guide.

This article provides a general overview of Egypt employment law and provides a discussion of the rules relating to the duration and termination of Egyptian employment contracts as well as other matters such as working time, annual leave, special conditions for female employees, redundancy and collective dismissal and obligations of the employer and employees. The article then provides a discussion of how secondment/outsourcing scenarios can be approached under the current Egyptian employment laws. This article is part of the global guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcing-guide.

On June 15, 2016, Practical Law Senior Legal Editors, Beth Magnuson and Paul Connuck presented Drafting Privacy and Data Security Compliant SaaS and Cloud Agreements in a Post-Safe-Harbor World, a one-hour webinar on US and EU privacy and data protection requirements after the invalidation of the EU-US Safe Harbor Framework. You can access the recorded webinar here.Click here to download the webinar slides.

This Article discusses the growing trend of increasingly sophisticated cyber threats against US and foreign financial institutions and examines cybersecurity-related issues for banks, including banks’ evolving legal and regulatory expectations.

This article looks at multi-sourcing, and sets out some tips on how customers can use their contracts to drive the required supplier collaboration and to receive the benefits multi-sourcing can offer, while reducing the risks involved. This article is part of the multi-jurisdictional guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcing-mjg.

The clients of Panamanian law firm Mossack Fonseca have learned the hard way that their secrets are only as secure as their attorneys' data security measures. Recent news articles detailing the firm's work for its famous clients should send a chill down the spine of every attorney and prompt law firms to ensure their client files are truly secure. The Panama Papers scandal stands as a timely object lesson for attorneys concerned about the security of their own data management systems and the preservation of client confidences.

This article examines key issues for suppliers and customers in retaining control and flexibility when drafting IT outsourcing contracts. An analysis is provided of the matters both parties will need to consider when seeking to ensure cost-effective services, dealing with requests for changes to the services, or in the event of any change to the corporate structure or financial position of the parties. This article is part of the multi-jurisdictional guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcing-mjg.

A discussion of the CLS Bank Int'l v. Alice Corp. litigation, where CLS Bank International filed suit against Alice Corporation seeking a declaratory judgment that Alice Corporation's patents for a computerized trading platform are invalid and unenforceable. The key litigated issue is whether claims to computer-implemented inventions are directed to patent eligible subject matter within the meaning of 35 U.S.C. § 101, and what role the abstract ideas exception to patent eligibility plays in the analysis.

This table summarises the requirements for regulatory notification and approval of outsourcing transactions in key jurisdictions across the globe. It is based on the answers to Question 4 of the Country Q&A Click on each jurisdiction to see the full answers and to check the law stated date. This table is part of the global guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcing-guide.

On January 30, 2014, Practical Law and Matthew A. Karlyn of Cooley LLP presented Essentials of Software as a Service (SaaS) Contracts: Avoiding Critical Drafting Errors, a webinar addressing the more challenging SaaS agreement provisions and practice tips in negotiating and drafting terms that more clearly define the SaaS provider's and customer's respective rights, remedies and obligations. You can access the recorded webinar here. Click here to download webinar slides.

Historically, outside of academic circles, outsourcing in the Irish public sector has not attracted much attention, analysis or publicity. There was little of substance to analyse. However, the topic has been pushed to the forefront in recent times by policymakers, due to the economic crisis, in the belief that it is time to review the current state of outsourcing in the public sector, and determine how it can be effectively used to support the delivery of public services in the future. This article considers outsourcing primarily from a policy perspective, examining where it sits within public service reform and expenditure management. This article is part of the Practical Law multi-jurisdictional guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcing-mjg.

Parties entering into software as a service (SaaS) or other cloud-based service contracts must carefully structure their agreements to ensure that they understand and properly select the standards according to which the service provider will perform its services.

Adopting cloud computing involves the same principles and concepts of an outsourcing transaction, since the business relies on the provision of data processing and other technological services from third parties outside their enterprise. This article examines what cloud computing is, cloud computing arrangements, cautions when using cloud computing and includes a sample of some terms that a company may wish to include in a cloud computing contract. This article is part of the Practical Law multi-jurisdictional guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcing-mjg.

On July 17, 2013, Practical Law Company and Fried, Frank, Harris, Shriver & Jacobson LLP presented Data as IP: Issues in Drafting Data Agreements, a one-hour webinar on the protection of data and data compilations as intellectual property (IP) assets and common contractual issues in data license agreements, including data ownership, use, handling and modification. You can access the recorded webinar here. Click here to download webinar slides.

A review of the legal issues raised in the US by various forms of "attack" that may be made against websites or internet users generally, focusing on hacking, viruses and unsolicited e-mails (or spamming).

On April 24, 2013, Practical Law Company and Matthew A. Karlyn of Cooley LLP presented Essentials of Software as a Service (SaaS) Contracts: What to Include and What to Leave Behind, a one hour webinar on the key negotiating points, provisions and pitfalls of SaaS agreements. You can access the recorded webinar here. Click here to download webinar slides.

Free and open source software (FOSS) has gained increasingly widespread acceptance and use in recent years as an alternative or complement to proprietary software. While FOSS is often made publicly available without charge, this does not mean its use is unrestricted or in the public domain. An organization's failure to adopt policies that ensure its compliance with FOSS license terms places it at risk of potential contract and copyright infringement liability and loss of valuable intellectual property rights.

A recent European Court of Justice ruling has opened the way for the sale of "second-hand software" across Europe. Restrictions on the transferability of software originally licensed in a way that is regarded as a sale cannot now prevent a buyer acquiring the right to use the software. The decision has a number of implications for software licensors in particular, and creates opportunities for licensees.

On February 22, 2012, Practical Law Company, Holland & Knight LLP and Hewlett-Packard presented Open Source Software: Risks, Use and Compliance, a one hour webinar on open source software use and compliance. You can access the recorded webinar here. Click here to download webinar slides

This article is part of the multi-jurisdictional guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcinghandbook. This article outlines some key issues companies should consider regarding the processing of personal information in UK outsourcing transactions. In particular, it explains: The principles of the Data Protection 1998 Act concerning the processing of personal data, the key rights that the Data Protection Act gives to data subjects, the consequences for companies of breaching the Data Protection Act and the key issues that arise in outsourcing transactions as a result of the Data Protection Act's requirements.

More and more companies have begun to source related functions to multiple providers. This practice, know as "multi-sourcing", or "best-in-breed sourcing", has become popular with companies in their second or third generation of outsourcing. This article describes single and multi-sourcing models, looking at the advantages and disadvantages of each, reviews governance issues, describes methods of risk mitigation, and explores the impact of cloud computing on outsourcing. This article is part of the PLC multi-jurisdictional guide to outsourcing. For a full list of contents visit www.practicallaw.com/outsourcinghandbook.

Following the global economic downturn, companies have been faced with the possibility that key outsourced services may suffer, or even disappear, if an external service provider becomes insolvent. This article outlines the US bankruptcy law principles and issues that are most relevant for customers of insolvent outsourcing service providers. It then provides a comparison of those principles with the insolvency frameworks in India and China. This article is part of the PLC multi-jurisdictional guide to outsourcing. For a full list of contents visit www.practicallaw.com/outsourcinghandbook.

This chapter considers, in the context of IT outsourcing agreements, the nature and effect of the following contractual methods to mitigate the risk of disputes: jurisdiction clauses, arbitration clauses, governing law clauses, and dispute resolution schemes. This article is part of the PLC multi-jurisdictional guide to Outsourcing. For a full list of contents visit www.practicallaw.com/outsourcinghandbook.

Data protection compliance is a topical issue that increasingly attracts the attention of legislators and regulators worldwide. In this chapter, the authors provide an overview of the most important data protection elements in outsourcing transactions. This article is part of the PLC multi-jurisdictional guide to Outsourcing. For a full list of contents visit www.practicallaw.com/outsourcinghandbook.

This chapter sets out the key issues to be considered to ensure an effective exit strategy, and some important points that must be addressed in the outsourcing agreement. In particular, it considers when exit can be triggered, when exit management issues should be considered, and the key issues that should be addressed in the exit provisions of the outsourcing contract. This article is part of the PLC multi-jurisdictional guide to Outsourcing. For a full list of contents visit www.practicallaw.com/outsourcinghandbook.

This chapter considers how European competition law can affect outsourcing transactions, concentrating in particular on the effect of merger control rules and the prohibition of anti-competitive provisions in outsourcing agreements. This article is part of the PLC multi-jurisdictional guide to Outsourcing. For a full list of contents visit www.practicallaw.com/outsourcing-mjg

This article discusses the possibility that, if an OS solution or platform has considerable market power or is a de facto standard in a relevant market, the OS licence's terms (requiring redistribution free of charge) and/or the GPL's Copyleft provisions might be found to be exclusionary or unfair to a non-OS operator who is an intellectual property (IP) right holder. The article focuses specifically on the arguments surrounding unfair and/or exclusionary terms of access to a market, by looking at the way in which this issue has previously been assessed in the context of standard setting.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants, and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants, and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants, and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

In GlobeRanger Corp. v. Software AG United States of America, Inc., the US Court of Appeals for the Fifth Circuit ruled that trade secret misappropriation claims involving copyrightable subject matter, in this case software, are not preempted by the Copyright Act.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants, and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants, and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

The National Institute of Standards and Technology (NIST) announced that it has released NIST Special Publication 800-183, Networks of 'Things', which provides a basic model—called the Network of Things (NoT) model—to help researchers understand the Internet of Things (IoT) and its security challenges.

The European Commission has published a Communication on cybersecurity setting out measures to improve Europe's cyber resilience and to help foster a competitive and innovative cybersecurity industry in Europe.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants, and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants, and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

This Legal Update highlights resources that in-house counsel can use to draft and negotiate IT-based agreements. These resources cover topics including software licenses, Software as a Service (SaaS) agreements, open source software agreements, mobile app agreements, and data transactions.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants, and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants, and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

In OneAmerica Financial Partners, Inc. v. T-Systems North America, Inc., the US District Court for the Southern District of Indiana ruled that a seal on court documents was justified to prevent hackers from breaching a party's information technology (IT) systems.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

In Adobe Systems Inc. v. Christenson, the US Court of Appeals for the Ninth Circuit ruled that, while an accused software copyright infringer who raises a first sale defense bears the burden of proof for that defense, once the accused infringer produces invoices or other evidence that it purchased the copyrighted software, the burden shifts back to the copyright holder to negate this defense by producing the specific license agreement under which it claims the software was licensed and not sold.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

A list of license agreement summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of license agreements that allows you to analyze and compare terms, including type of licensed IP, license grants and payment provisions, across multiple agreements. Practical Law What's Market also contains links to the underlying public documents.

A discussion of key considerations for parties negotiating M&A agreements in the software industry or where software is a key asset, including links to relevant resources setting out and explaining important contract provisions.

A discussion of the potential effect of the US Court of Appeals for the Fifth Circuit's copyright preemption ruling in Spear Marketing, Inc. v. BancorpSouth Bank on the availability of trade secret protection for software.

The European Data Protection Supervisor has published an opinion on mobile health (1/2015) which highlights the most relevant data protection implications for m-health, explores ways in which to integrate data protection requirements into the design of m-health apps and considers the implications of the draft Data Protection Regulation on this rapidly growing sector.

The New York State Department of Taxation and Finance issued an advisory opinion concluding that the petitioner's sale of a cloud computing "product" was not subject to sales and use tax because the product was actually a non-taxable service under the presented facts.

A discussion of some of the key issues counsel must address when representing a prospective website owner entering into a website development agreement. This Legal Update identifies those issues and the contract terms in which they arise and should be resolved.

In Warehouse Solutions, Inc. v. Integrated Logistics LLC et al., the US Court of Appeals for the Eleventh Circuit affirmed the district court's grant of summary judgment and holding that the features and functions of Warehouse Solutions, Inc.'s software did not qualify as trade secrets under the Georgia Trade Secrets Act of 1990.

A Legal Update discussing open source software (OSS) and associated licensing risks, particularly under the GNU General Public License (GPL) 2.0 and other restrictive OSS licenses. This Update includes practice tips for addressing OSS licensing risk both in internal business operations and in mergers and acquisitions (M&A transactions) in the software industry.

The Payment Card Industry Security Standards Council announced that it will revise the PCI Data Security Standard (PCI DSS) and Payment Application Data Security Standard (PA-DSS) to reflect that the Secure Socket Layers (SSL) protocol does not meet the strong cryptography standard.

A discussion of some of the key issues raised by the permitted use provisions of Software as a Service (SaaS) agreements. This Legal Update identifies some of these material provisions and how they differ in nature from on-site software licenses.

In Yoder & Frey Auctioneers, Inc. v. EquipmentFacts, LLC, the US Court of Appeals for the Sixth Circuit affirmed the US District Court for the Northern District of Ohio's denial of defendant EquipmentFacts' motions for summary judgment and judgment as a matter of law, reasoning that the plaintiffs did not need to prove that EquipmentFacts caused an interruption of service to sustain their Computer Fraud and Abuse Act claim.

A discussion of key terms and issues to consider when negotiating and drafting a software development agreement. This Legal Update identifies terms to a software development agreement that are material to the customer, the developer or both parties, with a special focus on the issue of intellectual property ownership.

The National Institute of Standards & Technology (NIST) has updated its Framework for Improving Critical Infrastructure Cybersecurity, summarizing the feedback and responses it has received from stakeholders.

Key points to consider when reviewing and updating a company's Bring Your Own Device to Work (BYOD) policy. This includes a discussion of data protection and security, employee privacy and liability for employee misconduct.

AT&T will pay $105 million dollars to settle mobile cramming allegations that were the result of a joint investigation and enforcement action by the Federal Trade Commission (FTC), Federal Communications Commission (FCC) and the attorneys general from every state and the District of Columbia.

Prospective users of commercial software frequently wish to evaluate the software before they commit to licensing it. This Legal Update identifies some of the key issues that counsel should consider when negotiating and drafting software evaluation agreements to better ensure the effective trial use of software and protect the software provider's intellectual property rights and commercial interests.

An overview of "rightsourcing" issues to address when negotiating outsourcing agreements to give the company the ability to maintain flexibility and bring services back in-house in response to changing business needs.

Software as a Service (SaaS) arrangements are increasingly replacing on-site software licensing for many IT applications. Migrating software applications to the cloud can have significant cost and operational advantages. However, before entering into a SaaS agreement, potential SaaS customers must weigh the special issues and risks that differentiate SaaS services from traditional software licensing. Only after conducting this due diligence analysis can a potential SaaS customer adequately determine whether to enter into a SaaS agreement and, if so, on what terms.

On October 22, 2013, the National Institute of Standards and Technology (NIST) released for public comment a Preliminary Cybersecurity Framework that sets voluntary cybersecurity guidelines and standards for organizations responsible for critical infrastructure services.

In Novell, Inc. v. Microsoft Corp., the US Court of Appeals for the Tenth Circuit held that Microsoft Corporation had no duty to deal with its competitor Novell, Inc. with respect to development of software to be used with Intel-compatible personal computer systems.

In Craigslist Inc. v. 3Taps Inc., the US District Court for the Northern District of California denied defendant 3Taps' motion to dismiss Craigslist's Computer Fraud and Abuse Act (CFAA) and state law counterpart claims, ruling that intentionally circumventing Craiglist's IP address block violated the CFAA.

In Weyerhaeuser Co., the National Labor Relations Board (NLRB) held that a company information notice directed at union representatives at a specific facility to limit their use of the company e-mail system to conduct union business violated the National Labor Relations Act (NLRA). In contrast, the NLRB affirmed an NLRB administrative law judge's decision that an electronic media use policy applicable to all employees company-wide, including those in the bargaining unit, was lawful under Register Guard.

The National Institute of Standards and Technology (NIST) has published Guidelines for Managing the Security of Mobile Devices in the Enterprise for federal agencies to secure methods for workers using smart phones and tablets.

A discussion of some of the key issues that counsel must be prepared to address in advising their clients on cyber attacks and cybersecurity. This Legal Update includes links to relevant resources concerning this topic.

A discussion of the unique characteristics that distinguish Software as a Service (SaaS) from on-site software licensing arrangements and the key technical and legal issues that organizations should consider when entering into a SaaS agreement.

In Craigslist Inc. v. 3Taps Inc., the US District Court for the Northern District of California granted in part defendant 3Taps' motion to dismiss Craigslist's copyright claims, ruling that the wording of Craigslist's website terms of use supported neither Craigslist's copyright infringement claims nor its cause of action under the Computer Fraud and Abuse Act (CFAA).

A discussion of ownership allocation for intellectual property, especially patents, developed during the term of a joint development agreement. This Legal Update includes links to relevant resources that examine this issue.

The Department of Commerce's International Trade Administration (ITA) has issued guidance clarifying the US-EU Safe Harbor Framework and how it applies to the transfer of personal data from the EU to the US via cloud computing. Significantly, the ITA does not view cloud computing as an entirely new business model or as presenting unique issues for the Safe Harbor.

A discussion of important considerations for negotiating software license and software as a service (SaaS) agreements, including links to resources providing key bankruptcy and escrow provisions protecting the licensee or SaaS customer against a loss of software services arising from the bankruptcy of the software's licensor or SaaS provider.

In computer-implemented and medical-related technologies, the question of the patent-eligibility of certain inventions can be an important and controversial issue. Although the Supreme Court and Court of Appeals for the Federal Circuit have recently issued several opinions on this patent-eligibility question, its resolution remains difficult and uncertain. This Legal Update reviews several of these decisions, which identify key considerations in patent-eligible subject matter determinations. This Legal Update also includes links to relevant resources examining the legal standards concerning computer-implemented and medical-related inventions.

The National Institute of Standards and Technology has issued a request for information as a first step in developing a Cybersecurity Framework for critical infrastructure, pursuant to President Obama's executive order on cybersecurity.

The Payment Card Industry (PCI) Security Standards Council (SSC) released a supplement to the payment card industry data security standards (PCI-DSS) addressing the use of cloud technologies and considerations for PCI-DSS controls in cloud computing environments.

The European Commission has published a proposal for a directive to ensure a high common level of network and information security across the EU and, at the same time, a communication setting out an EU cybersecurity strategy, a key element of which is the directive. (Free access.)

In Retail Ventures v. National Union Fire Insurance Co., the US Court of Appeals for the Sixth Circuit affirmed that companies may successfully seek coverage for losses resulting from cyber liability and data breach under traditional general liability, professional liability, or commercial crime insurance policies.

In Karl Knauz Motors, Inc., the National Labor Relations Board (NLRB) upheld the termination of an employee for Facebook comments that were not protected under Section 7 of the National Labor Relations Act (NLRA). The NLRB also held that an employer's rule requiring employees to treat others with courtesy and to refrain from using language that is disrespectful or harmful to the employer's image and reputation unlawfully restricted Section 7 activity.

In Costco Wholesale Corp., the National Labor Relations Board (NLRB) held that Costco's electronic posting policy, which prohibits electronically posted statements that "damage the Company, defame any individual or damage any person's reputation," violates the National Labor Relations Act (NLRA) because it could deter employees from engaging in Section 7 protected communications critical of Costco.

In WEC Carolina Energy Solutions v. Miller, the US Court of Appeals for the Fourth Circuit held that an employer failed to state a claim against a former employee under the Computer Fraud and Abuse Act (CFAA) where the employee allegedly used confidential information to help the employer's competitor. The employer authorized the employee to access the information, but argued that the employee's unauthorized use of the information violated the CFAA. The Fourth Circuit held that the CFAA only prohibits unauthorized access to information stored on a computer.

In Oracle America, Inc. v. Google Inc., the US District Court for the Northern District of California, holding that the command structure, sequence and organization (including headers and definitions) of 37 of Oracle's Java API packages were not copyrightable, dismissed Oracle's copyright infringement claim. The court's decision in this case of first impression is noteworthy for highlighting the boundaries between patent and copyright and marking the functionality-based limits of copyright protection for software.

Recently, a New York state court ruled that plaintiffs who claim trade secret misappropriation must identify the trade secrets during discovery. While federal courts in New York state have held that plaintiffs must identify the allegedly misappropriated trade secrets, there is relatively little state case law on the issue. Implicit in the decision is the court's holding that it is not enough, in the case of software source code, to merely identify the portions of the code that are not trade secrets.

On March 26, 2012, the Federal Trade Commission (FTC) issued its final report on consumer privacy protection with recommendations for best privacy practices for companies. The FTC's report, Protecting Consumer Privacy in an Era of Rapid Change, also recommends that Congress consider enacting legislation addressing general privacy, data security and breach notification, and data brokers' collection and use of consumer information.

On March 22, 2012, the Communications, Security, Reliability and Interoperability Council (CSRIC), an industry advisory committee for the Federal Communication Committee (FCC), adopted recommendations for internet service providers (ISP) to protect against three major cybersecurity threats. The ISPs committed to carry out the recommendations.

On February 22, 2012, the California Attorney General announced an agreement with six leading operators of mobile application platforms to strengthen privacy protections for consumers who use mobile applications.

The Obama Administration has released a Consumer Privacy Bill of Rights as part of a larger framework aimed at protecting consumer privacy. Additionally, the Adminstration announced the commitment of leading internet companies and online advertising networks to the use of Do Not Track technology in most major web browsers.

In Aqua Connect, Inc. v. Code Rebel LLC, the US District Court for the Central District of California dismissed a remote-access software company's claim that one of its customers violated the California Trade Secrets Act (CTSA) when it downloaded and reverse engineered a trial version of the company's software. The court emphasized that CTSA's definition of "improper means" trade secret misappropriation specifically states that reverse engineering alone is not an improper means of acquiring trade secret information. The court rejected the software company's argument that the prohibition on reverse engineering in its End User License Agreement (EULA) made the activity an improper means of obtaining the trade secret information. The court also rejected the software company's argument that its EULA created a duty for its customers to maintain the secrecy of company trade secrets.

On February 16, 2012, the Federal Trade Commission (FTC) released a report, Mobile Apps for Kids: Current Privacy Disclosures are Disappointing, finding that mobile app developers and merchants do not provide adequate information for parents before downloading an app to determine what information is being collected from their children, how it is being used and who has access to it.

In Adobe Systems Inc. v. Hoops Enterprise LLC, the US District Court for the Northern District of California held that Adobe's distribution of certain software to original equipment manufacturers (OEMs) was a license, not a sale of the software. Relying on Vernor v. Autodesk, the District Court found that the copyright first sale doctrine was unavailable as a defense to Adobe's claims of copyright infringement against third parties who subsequently resold the software without authorization.

A PLC Commercial "Legal FAQs" article about the Bribery Act 2010, which comes into force on 1 July 2011. For details about PLC's materials on the Bribery Act, see Practice note, Bribery Act 2010: toolkit.

A Q&A guide to outsourcing in Bulgaria. This Q&A guide gives a high-level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; and formalities required for transferring or leasing assets. The article also contains a guide to transferring employees; structuring employee arrangements (including any notice, information and consultation obligations); and calculating redundancy pay. It also covers data protection issues; customer remedies and protections; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Bulgaria: overview.

A Q&A guide to outsourcing in Switzerland. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Switzerland: overview.

A Q&A guide to outsourcing in the UK (England and Wales). This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. Please note: on 23 June 2016, the UK electorate voted to leave the EU. This is likely to have an impact on a number of areas of law discussed in this Q&A. However, at the time of writing, the precise form of the UK's future relationship with the EU was unclear. In view of this uncertainty, the authors have not sought to speculate in detail on the possible changes. Negotiations over the UK's exit are likely to take some time and as a result it may be several years before any changes become law. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/resources/global-guides/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in the UK (England and Wales): overview.

A Q&A guide to outsourcing in Bulgaria. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: Bulgaria overview.

A Q&A guide to outsourcing in Switzerland. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: Switzerland overview.

A Q&A guide to outsourcing in the UK (England and Wales). This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. Please note: on 23 June 2016, the UK electorate voted to leave the EU. This is likely to have an impact on a number of areas of law discussed in this Q&A. However, at the time of writing, the precise form of the UK's future relationship with the EU was unclear. In view of this uncertainty, the authors have not sought to speculate in detail on the possible changes. Negotiations over the UK's exit are likely to take some time and as a result it may be several years before any changes become law. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/resources/global-guides/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: UK (England and Wales) overview.

A Q&A guide to outsourcing in Ireland. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Ireland: overview.

A Q&A guide to investment funds law in Ireland. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring Employees Country Q&A Tool. For a full list of jurisdictional Q&As visit www.practicallaw.com/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: Ireland overview.

A Q&A guide to outsourcing in Germany. This Q&A guide gives a high-level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; and formalities required for transferring or leasing assets. The article also contains a guide to transferring employees; structuring employee arrangements (including any notice, information and consultation obligations); and calculating redundancy pay. It also covers data protection issues; customer remedies and protections; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This article is part of the global guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/resources/global-guides/outsourcing-guide.

A Q&A guide to outsourcing in Germany. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/resources/global-guides/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: Germany overview.

A Q&A guide to outsourcing in Indonesia. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Indonesia: overview.

A Q&A guide to outsourcing in South Africa. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/resources/global-guides/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in South Africa: overview.

A Q&A guide to outsourcing in Spain. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Spain: overview.

A Q&A guide to outsourcing in Indonesia. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: Indonesia overview.

A Q&A guide to outsourcing in South Africa. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: South Africa overview.

A Q&A guide to outsourcing in Spain. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: Spain overview.

A Q&A guide to outsourcing in Australia. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Australia: overview.

A Q&A guide to outsourcing in Australia. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: Australia overview.

A Q&A guide to outsourcing in India. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in India: overview.

A Q&A guide to outsourcing in Turkey. This Q&A guide gives a high-level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; and formalities required for transferring or leasing assets. The article also contains a guide to transferring employees; structuring employee arrangements (including any notice, information and consultation obligations); and calculating redundancy pay. It also covers data protection issues; customer remedies and protections; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This article is part of the global guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcing-guide.

A Q&A guide to outsourcing in India. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: India overview.

A Q&A guide to outsourcing in Turkey. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: Turkey overview.

A Q&A guide to outsourcing in France. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in France: overview.

A Q&A guide to outsourcing in France. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the general rules relating to outsourcing, visit Outsourcing: France overview.

A Q&A guide to outsourcing in The Netherlands. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/resources/global-guides/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in The Netherlands: overview.

A Q&A guide to outsourcing in The Netherlands. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/resources/global-guides/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: The Netherlands overview.

A Q&A guide to outsourcing in Brazil. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Brazil: overview.

A Q&A guide to outsourcing in Canada. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Canada: overview.

A Q&A guide to outsourcing in the Russian Federation. This Q&A guide gives a high-level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; and formalities required for transferring or leasing assets. The article also contains a guide to transferring employees; structuring employee arrangements (including any notice, information and consultation obligations); and calculating redundancy pay. It also covers data protection issues; customer remedies and protections; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This article is part of the multi-jurisdictional guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcing-mjg.

A Q&A guide to outsourcing in Brazil. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the general rules relating to outsourcing, visit Outsourcing: Brazil overview.

A Q&A guide to outsourcing in Canada. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the general rules relating to outsourcing, visit Outsourcing: Canada overview.

A Q&A guide to outsourcing in Russian Federation. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the general rules relating to outsourcing, visit Outsourcing: Russian Federation overview.

A Q&A guide to outsourcing in Sweden. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Sweden: overview.

A Q&A guide to outsourcing in Sweden. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the global guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-guide. For the general rules relating to outsourcing, visit Outsourcing: Sweden overview.

A Q&A guide to outsourcing in Hong Kong. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Hong Kong: overview.

A Q&A guide to outsourcing in Hong Kong. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the general rules relating to outsourcing, visit Outsourcing: Hong Kong overview.

Benchmarking continues to be an emotive and, at times, difficult issue for customer and supplier in the outsourcing process, both during contract negotiations and when it comes to implementation. This article identifies the key issues and concerns that should be considered and addressed in the benchmark terms of the outsourcing contract, and suggests approaches that can be taken to achieve a more realistic and balanced benchmark process. This article is part of the multi-jurisdictional guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcing-mjg.

A Q&A guide to outsourcing in Singapore. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Singapore: overview.

A Q&A guide to outsourcing in Singapore. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the general rules relating to outsourcing, visit Outsourcing: Singapore overview.

A Q&A guide to outsourcing in China. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in China: overview.

A Q&A guide to outsourcing in China. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the general rules relating to outsourcing, visit Outsourcing: China overview.

A Q&A guide to outsourcing in Mexico. This Q&A guide gives a high level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; customer remedies and protections; contracting parties' remedies; dispute resolution; and the tax issues arising on an outsourcing. To compare answers across multiple jurisdictions, visit the Outsourcing Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the rules relating to transferring employees, visit Transferring employees on an outsourcing in Mexico: overview.

A Q&A guide to outsourcing in Mexico. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the general rules relating to outsourcing, visit Outsourcing: Mexico overview.

A Q&A guide to outsourcing in the United States. This Q&A guide gives a high level overview of the rules relating to transferring employees on an outsourcing, including structuring employee arrangements (including any notice, information and consultation obligations) and calculating redundancy pay. To compare answers across multiple jurisdictions, visit the Transferring employees Country Q&A tool. This Q&A is part of the multi-jurisdictional guide to outsourcing. For a full list of jurisdictional Q&As, visit www.practicallaw.com/outsourcing-mjg. For the general rules relating to outsourcing, visit Outsourcing: United States overview.

The ECJ has given a preliminary ruling on questions referred to it by the Latvian court concerning the resale of back-up copies of software programs. (Ranks and Vasiļevičs, Case C-166/5, 12 October 2016.)

Search the Country Q&A in the Outsourcing Multi-jurisdictional Guide by question and jurisdiction. Step 1: Check the boxes to select the questions and the jurisdictions for comparison. Step 2: Click the "submit" button. Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.

Search the Country Q&A in the Outsourcing Multi-jurisdictional Guide by question and jurisdiction. Step 1: Check the boxes to select the questions and the jurisdictions for comparison. Step 2: Click the "submit" button. Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.

The ECJ has ruled on the extent to which the distribution right in downloaded software might be exhausted and opined that purchasers of software licences cannot rely on the exhaustion principle to create new software copies. (UsedSoft GmbH v Oracle International Corp, Case C-128/11, 3 July 2012.)

The ECJ has held that the copyright available to computer programs under the Software Directive (2009/24/EC) does not protect the functionality of a computer program, its programming language, or its data file format. (SAS Institute Inc v World Programming Ltd, Case C-406/10, 2 May 2012.) (Free access.)